추가상병불승인처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On September 4, 2016, the Plaintiff: (a) received a diagnosis of “the front floor heat of the front floor of the front floor of the front floor (hereinafter “instant disease”) on November 12, 2016, when he was under medical care after being diagnosed of “the instant accident” due to an accident involving Echip-sn in the process of gathering materials while intending to load a string of 5 tons of knife at the open site (hereinafter “chill”); and (b) filed an application with the Defendant for further examination on November 12, 2016, when he was under medical care.”
B. However, on December 7, 2016, the Defendant issued a disposition not to approve the additional injury and disease (hereinafter “instant disposition”) on the ground that “The instant injury and disease is determined to have occurred due to the revolving salutism due to the pre-existing disease (salutic salute-salutism)” (hereinafter “instant disposition”).
C. The Plaintiff appealed and filed a request for examination to the Defendant, but was dismissed on February 7, 2017.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 4, 5, 6, Eul evidence No. 1, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The plaintiff alleged that there was no more than anything else on the shoulder before the accident of this case, and there was no room for the plaintiff to receive medical treatment due to a shoulder disease. Since the accident of this case continuously occurred after the accident of this case and the disease of this case was diagnosed, it was deemed that the disease of this case occurred due to the accident of this case, but the disposition of this case on the different premise is unlawful.
B. The "occupational accident" in the Industrial Accident Compensation Insurance Act refers to the worker's injury, disease, disability or death due to the occupational reason, and in order to be recognized as a occupational accident, the accident is caused by the occupational reason.